J. Mongeau

The accused, Donovan McEwan, was charged with five offences: sexual assault, communicate with a person under 18 to facilitate an offence, obtain the sexual services of a person under 18, procuring, and possession of child pornography.

A sixth charge, forcible confinement, was withdrawn.

The court found the complainant's testimony credible despite inconsistencies, attributing them to drug addiction and trauma.

The court found a power imbalance due to the complainant's drug dependency on the accused, negating consent for sexual acts.

The accused was convicted of sexual assault, internet luring, obtaining sexual services of a person under 18, and possession of child pornography.

He was acquitted of procuring due to insufficient evidence that he caused or induced the complainant to offer sexual services for another.

The accused was charged with sexual assault following an encounter in his vehicle after driving the complainant and her friends home from a nightclub.

The complainant testified she was heavily intoxicated, experienced blackouts, and awoke during sexual acts to which she did not consent.

The court found the complainant lacked the capacity to consent due to her level of intoxication.

The court further rejected the accused's defence of honest but mistaken belief in communicated consent, finding he failed to take reasonable steps to ascertain consent after the complainant had earlier expressed reluctance.

The accused was found guilty.